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10-24-95 OCTOBER 24, 1995 A Regular Meeting of the City Commission of the City of Delray Beach, Plorida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, October 24, 1995. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Pastor Scott Gress, Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. The City Manager requested that Item 9.G., BID AWARD FOR ATLANTIC AVENUE/MIRAMAR DRIVE PUMP STATION be postponed until the Regular Meeting of November 7, 1995. Mayor Lynch requested that Item 8.I., REVIEW OF APPEAL- ABLE LAND DEVELOPMENT BOARD ACTIONS be removed from the Consent Agenda and placed on the Regular Agenda as Item 9.AA. Mr. Ellingsworth moved to approve the Agenda as amend- ed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Randolph moved to approve the Minutes of the Spe- cial Meeting of October 17, 1995, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Sinqle Parent Day - November 5, 1995 Mayor Lynch read and presented a proclamation recogniz- ing November 5, 1995, as Single Parent Day. Judy Romanoff came forward to accept the proclamation. 6.B. Toastmasters International Month - October, 1995 Mayor Lynch read and presented a proclamation recogniz- ing October, 1995, as Toastmasters International Month. Rosalind Murray came forward to accept the proclamation. 6.C. Make a Difference Day October 28, 1995 Mayor Lynch presented a proclamation recognizing Octo- ber 28, 1995, as Make a Difference Day. 6.D. National EDilepsy Awareness Month - November, 1995 Mayor Lynch presented a proclamation recognizing Novem- ber, 1995, as National Epilepsy Awareness Month. 6.E. American Education Week - November 12 to 18, 1995 Mayor Lynch presented a proclamation recognizing Novem- ber 12 through November 18, 1995, as American Education Week. 7. Presentations: 7.A. Center for Employment Traininq (CET Delray) Mr. Duane R. Gainer, Division Director of the Center for Employment Training (CET), explained that the center is a national non-profit, 501(c) (3) private vocational school which has recently located in Delray Beach. The center is dedicated to providing disadvantaged individuals with the tools to become self-sufficient and productive members of society. The parent organization, located in San Jose, California, is highly ac- claimed for its system of training individuals in demand occupa- tions while delivering to them crucial support services, job development assistance and post-placement tracking to stabilize clients entering the job market. Mr. Gainer then presented a short video on the program, and concluded his remarks by inviting all interested persons to stop by CET Delray which is located in the Delray Full Service Center. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. LANDSCAPE WAIVER/DELRAY MALL PERIMETER AND INTERIOR TREES: Approve a request to waive LDR Sections 4.6.16(H) (3) (a) and {h) to reduce the required number of perimeter and interior trees in conjunction with the redevelopment of the Delray Mall, located at the northwest corner of Linton Boulevard and Federal Highway. -2- 10/2 /95 8.B. AGREEMENT WITH FLORIDA STATE HISTORIC PRESERVATION OFFICER/ADA CONSULTATION RESPONSIBILITIES: Approve an agreement with the State delegating consultation responsibilities to the City under the Americans With Disabilities Act. 8.C. INDEMNIFICATION AGREEMENTS WITH DELRAY INTRACOASTAL JOINT VENTURE AND LIFE CARE RETIREMENT COMMUNITIES, INC.: Ap- prove indemnification agreements with Delray Intracoastal Joint Venture (property owner) and Life Care Retirement communities, Inc. (d/b/a Harbour's Edge) releasing the City of any liability associated with the construction of a deck which will overhang an existing utility easement on the southwest corner of the property at 401 E. Linton Blvd. 8.D. RIGHT OF ENTRY AND LICENSE AGREEMENT AND ACCEPTANCE OF EASEMENT DEED/W.E. ASSOCIATION, INC.: Approve a Right of Entry and License Agreement with W.E. Association, Inc., and accept an easement deed from the association for an easement across the southern boundary of the property, to provide for the construc- tion of drainage improvements at Waterway East on the south side of Atlantic Avenue just east of the Intracoastal Waterway. 8.E. SPECIAL EVENT APPROVAL/EASTERN SURFING ASSOCIATION: Approve a request from the Eastern Surfing Association to hold a surfing contest at the municipal beach on Saturday, November 4, 1995, from 8:00 a.m to 5:30 p.m. 8.F. FINAL SUBDIVISION PLAT/SEASIDE DUNES: Approve the final subdivision plat for Seaside Dunes, a 12 unit townhouse development located on the east side of A1A, approximately 200 feet south of Linton Boulevard. 8.G. RESOLUTION NO. 73-95: Approve a resolution assessing costs for abatement action required to remove five abandoned vehicles from properties located within the City. The caption of Resolution No. 73-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. -3- (Copy of Resolution No. 73-95 is on file in the offi- cial Resolution Book) 8.H. RESOLUTION NO. 74-95: Approve a resolution assessing costs for abatement action required to remove nuisances on 29 properties throughout the City. The caption of the Resolution No. 74-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 74-95 is on file in the offi- cial Resolution Book) 8.I. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.J. APPOINTMENT OF OUTSIDE COUNSEL: Approve the appoint- ment of outside counsel in the case of Kirk Cook v. City of Delray Beach, et al, as recommended by the City Attorney. 8.K. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Zuccala's Wrecker Service for wrecker and towing services for the Police Department, at an estimated annual cost of $61,613.07 from 112-2172-521-52.23. 2. Bid award to Insituform Southeast, Inc. in the amount of $25,600, via Palm Beach County Contract, for sewer line rehabilitation on N.E. 4th Street and Camino Road at Zarno Way, with funding from 442-5178-536-61.84. 3. Contract renewal to Randall L. Wolff, M.D. as the Medical Director of the Fire Department EMS ser- vice ($22,000 from 001-2315-526-31.90), and EMS services from the Parks and Recreation Department ($2,000 from 001-4123-572-21.90), to comply with State regulations. -4- 10/24/95 Mr. Ellingsworth moved to approve the Consent Agenda as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.AA. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period October 9 through October 20, 1995. Mayor Lynch questioned two Planning and Zoning Board actions that were approved on October 16, 1995. First, Mayor Lynch asked for clarification regarding the Board's request to the County Zoning Division for a market study on a proposed rezoning to accommodate a 246,900 sq. ft. shopping plaza on Congress Avenue, in unincorporated Palm Beach County, south of the City border. In response, Diane Dominguez, Planning Direc- tor, advised that the property in question has a land use desig- nation of Commercial and is zoned for commercial use. Secondly, regarding the recommended approval (4-2), on a rezoning request from SAD (Special Activities District) to PRD-4 (Planned Residen- tial Development with a density suffix of 4 du/acre) for Delray Lakes, Mayor Lynch asked for clarification on the meaning of "4 du/acre" Ms. Dominguez explained that "du" means dwelling units per acre. Dr. Alperin moved to receive and file the report, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.A. AMENDMENT TO LICENSE AND OFF-SITE PARKING AGREE MENTS/BUSCH'S RESTAURANT: Consider amendments to License and Off-Site Parking Agreements for Busch's Restaurant. The City Attorney reviewed the provisions of the modi- fied agreements to allow for the construction, maintenance and use of a deck with landscaped planters and benches, and a paver block walkway, within the Marine Way right-of-way. It was noted that seven additional parking spaces are required as a condition of approval to construct the deck. These additional spaces will be provided out of the 23 excess spaces that were provided when the parking lot was expanded in 1991, leaving 16 excess spaces on the site. Mr. Ellingsworth moved to approve the amendments to the License and Off-Site Parking Agreements for Busch's Restaurant, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; -5- 10/24/95 Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. SPECIAL EVENT REQUEST/HARVEST FEST: Consider a request from the Chamber of Commerce for special event approval in sup- port of Harvest Fest '95, scheduled to be held on November 11 & 12, 1995. Robert Barcinski, Assistant City Manager, reported that the estimated overtime for the Harvest Fest '95 has been consid- erably lowered from the original estimate of $3,500 to $900. On question from Mr. Ellingsworth, Mr. Barcinski stated that he expects to receive a request for a waiver to allow alco- holic beverages. Mr. Ellingsworth stated he would have some reservations about such a request. Mr. Ellingsworth moved to approve the special event request for Harvest Fest '95 as recommended by staff, with the overtime figure of $900; seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.C. OCCUPANCY AGREEMENT FOR THE SANDOWAY HOUSE: Consider an agreement between the City and Officer Pitocchelli for the month-to-month occupancy of the Sandoway House. The City Attorney stated changes have been made to this agreement making it an occupancy agreement for the purpose of security for the City. She further explained this is a month- to-month agreement which will terminate if Officer Pitocchelli should leave City employment. Mrs. Smith asked if it is understood that he is the only one that can occupy the house? In response, Assistant City Attorney Shutt stated that Officer Pitocchelli will have a room- mate who is a Police Officer in Lake Worth. Since Officer Pitocchelli works days, he will be at the house during the eve- ning and since Officer Pitocchelli's roommate works nights, he will be at the house during the day. Assistant City Attorney Shutt stated the "Friends of Sandoway" were agreeable to this arrangement. Dr. Alperin moved to approve the month-to-month Occu- pancy Agreement between the City and Officer Pitocchelli for the Sandoway House, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith Yes. Said motion passed with a 5 to 0 vote. 9.D. OPENING THIRD LANE ON THE LINTON BOULEVARD BRIDGE: Consider requesting Palm Beach County to remove the concrete -6- 10/24/95 barriers on the Linton Boulevard bridge ramps and to open the bridge to its full three land potential in both directions. Mr. Ellingsworth moved to pursue opening a third lane on the Linton Boulevard Bridge with the County, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.E. APPLICATION FOR LANDSCAPING OF THE 1-95 SOUND BARRIER WALLS: Consider application for landscaping of the 1-95 Sound Barrier Walls through the Metropolitan Planning Organization's Enhancement Project. Mrs. Smith asked whether the residential side or the 1-95 side of the barrier wall will be landscaped? In response, the City Manager stated that this particular item is for land- scaping on the 1-95 side of the barrier wall. Mr. Randolph asked if there are any plans for landscap- ing on the residential side of the wall? He felt any landscaping on the residential side would help to improve the appearance. The City Manager felt this was a good point and sug- gested that staff look into the situation to see what could be done in this regard. Mr. Ellingsworth advised that he does not believe there are any available funds from the Metropolitan Planning Organiza- tion's enhancement project at this time. However, he suggested the City pursue funding from both Beautiful Palm Beaches and the MPO's enhancement funds. Mr. Randolph moved to authorize staff to make formal application to the Metropolitan Planning Organization's enhance- ment project for landscaping of the sound barrier walls along 1-95, and to make application for matching funds through Beauti- ful Palm Beaches, Inc. for 1996/97; seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. In addition, staff was asked to report back to the Commission on possible landscape alternatives for the entire length of the residential side of the barrier wall. 9.F. BENEVOLENT AND CHARITABLE CONTRIBUTIONS FOR FISCAL 1996: Consider approval of staff recommendations for funding allocations from the Special Events and Grants accounts for benevolent and charitable groups. The City Manager reported on the Urban League's weatherization program, noting that in the past year the Urban -7- 10/24/95 League handled weatherization for 84 residences, and only two of those were in Delray Beach. Mr. Ellingsworth moved to approve staff recommendations for funding allocations from the Special Events and Grants ac- counts for benevolent and charitable groups for fiscal 1996, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No. Said motion passed with a 4 to 1 vote. Prior to the motion being seconded, Dr. Alperin sug- gested the City look into why the Urban League does not provide more assistance in Delray Beach. 9.G. POSTPONED UNTIL THE REGULAR MEETING OF NOVEMBER 7, 1995. 9.H. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority for a four year term ending October 27, 1999. Commissioner Alperin's recom- mendation, with appointment by the Mayor. Dr. Alperin requested that this item be postponed to the regular meeting of November 7, 1995. Mr. Ellingsworth so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint a regular member to the Board of Adjustment to fill an unexpired term ending August 31, 1996. Commissioner Randolph's appoint- ment. Mr. Randolph moved to appoint John Baccari as a regular member to the Board of Adjustment to fill an unexpired term ending August 31, 1996, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.J. WAIVER OF STORMWATER ASSESSMENT FEES FOR DELRAY OAKS SITE: Consider relief from stormwater assessment fees for the Delray Oaks ecosite which the Palm Beach County Department of Environmental Resources Management is in the process of acquir- ing. Mayor Lynch stated that as much as he likes to support the County, he has some concerns about this site. In view of the development which is occurring in the area, he feels this piece of land has great potential as developable land and increased tax base for Delray Beach. He questioned whether the parcel really has that much of an environmentally sensitive area on it to make -8- 10/24/95 holding it out for open space worthwhile. He thought the overall parcel is about 25 acres, with about three acres of that being environmentally sensitive. Discussion by the Commission followed. Mayor Lynch felt there were basically two issues. The first had to do with consideration of relief from the stormwater fees. The second issue is whether or not the Commission should direct the Manager and/or the City Attorney talk to the County about possibly re- evaluating the situation. What might be best for the City is to preserve the three acres which are environmentally sensitive, but at the same time allow the balance of the property to be devel- oped in a way that will be beneficial to the City's tax base. Dr. Alperin stated that he would first want to know what plans the County may have in mind for the property before making any kind of a decision. He felt we should check with our Parks and Recreation people to see if there is a shortage of certain types of recreational facilities in this area or if there is a need for a certain type of use. The City Manager stated that it is his understanding that all that is being planned on is set forth in the backup letter from Mr. Walesky; that is, fenc- ing, signage, public access facilities including a parking lot, handicapped-accessible nature trail, and a kiosk. After discussion, it was the consensus of the Commis- sion to direct staff to work with the County to see if there is some way to preserve the 3 acres or so which are environmentally sensitive, but at the same time allow the balance of the land to be developed, or to find out more definitively what is being planned for the site, what kind of park they might be planning, and then have our staff make a determination if what the County is planning is really what is needed for Delray Beach, or would the land be better used as a tax base for the city. Mr. Randolph moved to postpone consideration of relief from stormwater assessment fees for the Delray Oaks ecosite to a future meeting, with direction to staff to investigate our in- volvement and the scope of the project; seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: 12.A. ORDINANCE NO. 62-95: An ordinance rezoning the former Isles of Delray site from SAD (Special Activities District) to PRD-4 (Planned Residential Development-4 units per acre) Dis- trict. The subject property is located east of 1-95 on the north side of Lake Ida Road, and contains approximately 40.86 acres. If passed, public hearing on November 7, 1995. The City Manager presented Ordinance No. 62-95: -9- 10/24/95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN THE PRD-4 (PLANNED RESIDENTIAL DEVELOPMENT-4 UNITS PER ACRE) DISTRICT; SAID LAND BEING LOCATED EAST OF INTERSTATE-95 ON THE NORTH SIDE OF LAKE IDA ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney recommended that this ordinance be passed on first reading inasmuch as it will be scheduled to be heard as a quasi-judicial matter at public hearing on November 7, 1995. Mayor Lynch stated he has some concerns about whether the project will be beneficial and if the density is acceptable. Diane Dominguez, Planning Director, stated the zoning will establish the density. The underlying land use is 5 units per acre; the proposed zoning category of PRD-4 would limit the density to four units per acre. Ms. Dominguez gave a brief overview of the development proposal as being a gated community with base price ranges from $120,000 to $170,000 for convention- ally sited single family homes. The details of the master plan have not been finalized, however, and Ms. Dominguez emphasized that the question to be decided is whether or not the PRD-4 zoning classification is the appropriate category for this piece of land. Mark Krall, representing the developer, stated that the people who are going to be against this rezoning are those who live across the canal to the north in an R-i-AAA zoning district. Even though they are not unhappy with the proposed density, he believes they will object to the project because of the width of some of the lots which will be across the canal from them. Ms. Dominguez reiterated that there needs to be a distinction between the zoning and the master plan. She empha- sized that the Commission's decision on the rezoning request needs to be based on whether 4 units per acre in a planned resi- dential development setting meets all the findings for rezoning of this property. Mr. Ellingsworth moved to approve Ordinance No. 62-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 2 vote. -10- 10/24/95 At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 76-95: A resolution authorizing the City to purchase, and accepting the Contract for Sale and Pur- chase of the Patel property (2228 Seacrest Boulevard). Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 76-95: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED AT 2228 SEACREST BOULEVARD AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCOR- PORATING AND ACCEPTING THE CONTRACT STATING TERMS AND CONDITIONS FOR THE SALE AND PUR- CHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 76-95 is on file in the offi- cial Resolution Book) The City Attorney stated that this resolution concerns the acquisition of one of the Seacrest properties which is de- scribed as the Patel property. The essential terms are set forth in the City Attorney's memorandum. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. In response to question from Mayor Lynch, the City Attorney stated that some environmental information has been gathered. However, the City has sixty (60) days from the effec- tive date of the contract to perform additional inspections, including an environmental audit and survey. Discussion on this point followed. Mayor Lynch expressed his concern that if it should turn out there is a problem uncovered by the audit, he would want the City to have some recourse. The City Manager noted that Mr. Patel does have a certificate on the property. It is the City's desire, however, to conduct a phase two audit to satisfy ourselves that the property is clean. Dr. Alperin stated that another concern is that he will be attending the School Board meeting tomorrow evening for the decision on whether or not the School Board will be joining in this project. Should they decide not to join us, and we have -11- 10/24/95 gone ahead and purchased the property, do we have any kind of a written agreement with Palm Beach County for a recreational center to be constructed? Mayor Lynch stated he is confident that the City has a verbal commitment from the County. The City Manager stated that he has received a great deal of correspondence from the County regarding this matter, although he doesn't believe we have anything representing action by the full Board of County Commissioners. Regardless, the Seacrest property is an area which the City has talked about as a mini-CRA, so even if everything that has been discussed with the County were to fall through, the worst case scenario is that the City would end up with the land. We could then proceed with it as a mini-CRA and facilitate development of it as residential property. In further discussion, the majority of the Commission seemed to feel that the commitment from the County is there and will not be reneged upon. However, in the event this were to happen, then the City would have the land and would have to look at whether we could afford to do a recreation center on our own, possibly work something out with the YMCA, Boynton Beach, or possibly the Boys and Girls Club. If all of these things were to fail, the City could still pursue the mini-CRA concept and resi- dential development. Dr. Alperin wished to make it clear that there are no guarantees at this point that the property will be developed as a recreation center. There are a lot of variables and a realm of possibilities as to what could ultimately happen to the land. The ideal is to do something jointly with the School Board. If that doesn't work, let's try to do it with the County. If that doesn't work, then we'll go to the not-for-prof- its. If that doesn't work, then a decision would have to be made whether we could do it on our own or should we turn it over for residential development. Mrs. Smith moved to adopt Resolution No. 76-95 author- izing the City to purchase, and accepting the Contract for Sale and Purchase of the Patel property (2228 Seacrest Boulevard), seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 77-95: A resolution authorizing the City to purchase, and accepting the Contract for Sale and Pur- chase of the NationsBank property (2200-2300 Seacrest Boulevard) and Escrow Agreement. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 77-95: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING -12- 10/24/95 THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED AT 2200-2300 SEACREST BOULEVARD AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 77-95 is on file in the offi- cial Resolution Book) The City Attorney stated that this contract is essen- tially the same as that for the Patel property, with a few dif- ferences. Most notably, the property will be sold "as is" which would include environmental problems, if any. The bank has performed a series of audits and has shared that information with us. It appears that the majority of the environmental work, although there might be some residual expenses, has been done, but that will be checked very thoroughly by the City. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. On question from Dr. Alperin, the City Attorney stated that the contracts are not contingent on one another. It was the consensus of the Commission to amend the contract on the Patel property to provide that closing on that parcel would not occur until after closing on the NationsBank property. Dr. Alperin moved to reconsider Resolution No. 76-95 authorizing the City to purchase, and accepting the Contract for Sale and Purchase of the Patel property (2228 Seacrest Boule- vard), seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mrs. Smith - Yes; Dr. Alperin Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved to amend the Contract for Sale and Purchase of the Patel property (2228 Seacrest Boulevard) to make it contingent on the closing of the NationsBank property, second- ed by Mrs. Smith. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved to adopt Resolution No. 77-95 author- izing the City to purchase, and accepting the Contract for Sale and Purchase of the NationsBank property (2200-2300 Seacrest Boulevard) and Escrow Agreement, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth -13- 10/24/95 Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 54-95: An ordinance rezoning a 6.58 acre parcel of land from POC (Planned Office Center) District to CF (Community Facilities) District to accommodate an adult day care facility and an Adult Congregate Living Facility (ACLF). The property is located at the northwest corner of Congress Avenue and Lake Ida Road. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 54-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD, AS MORE PARTICULARLY DE- SCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 54-95 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a Quasi-Judicial Hearing. The City Clerk swore in those individuals wishing to give testimony on this item. Diane Dominguez, Planning Director, entered all the Planning and Zoning documents that are contained in the file for this project into the record. This rezoning request is proposed to accommodate an adult day care facility and an ACLF serving Alzheimer's patients, along with an office structure housing accessory administrative functions. A conditional use approval of the ACLF and a site and development plan for the entire site will be reviewed subsequent to rezoning. The Planning and Zoning Board considered this item at its meeting of September 18, 1995, and unanimously (6 to 0) recommended approval, based upon positive findings with respect to Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards -14- 10/24/95 for Rezoning Actions) of the Land Development Regulations, poli- cies of the Comprehensive Plan, and Section 2.4o5(D) (5). John Shoup, applicant, introduced himself and stated he will answer any questions pertaining to the rezoning issue. No one from the public came forward to speak in favor or in opposition to the rezoning. The public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 54-95 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 55-95: An ordinance rezoning a 1.52 acre parcel of land from R-1-A (Single Family Residential) District to CF (Community Facilities) District to accommodate a private elementary school as an accessory use to a church. The property is located at the southwest corner of N.W. 3rd Street and N.W. 3rd Avenue. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 55-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE CF (COM- MUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED AT THE SOUTHWEST CORNER OF N.W. 3RD AVENUE AND N.W. 3RD STREET, AS MORE PARTICU- LARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 55-95 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a Quasi-Judicial Hearing. The City Clerk swore in those individuals wishing to give testimony on this item. -15- 10/24/95 Diane Dominguez, Planning Director, entered the project file into the record. She overviewed the request by noting the property is owned by the Seventh-Day Adventists Church which is located on the east side of N.W. 3rd Avenue. The rezoning is being sought to accommodate a private school, which would be an accessory use to the church. The school currently operates within the existing church facility which they have outgrown. The Planning and Zoning Board held a public hearing on the rezon- lng request on September 18, 1995, and voted 6 to 0 to recommend that the request be approved. Pastor Brent Waldon Sr., applicant, stated the main reason for the rezoning request is to accommodate a new school facility. He felt that the new facility will not only be of benefit to the church and its school, but will also benefit the general community. No one from the public came forward to speak in favor or in opposition to this rezoning. The public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 55-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 56-95: An ordinance rezoning a 0.43 acre parcel of land from R-1-A (Single Family Residential) District to CF (Community Facilities) District to accommodate an expansion of the Community Child Care Center. The property is located on the south side of Lake Ida Road, immediately west of and adjacent to the existing day care center. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 56-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE CF (COM- MUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD, WEST OF AND ADJACENT TO THE COMMUNITY CHILD CARE CENTER, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 56-95 is on file in the official Ordinance Book) -16- 10/24/95 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a Quasi-Judicial Hearing. The City Clerk swore in those individuals wishing to give testimony on this item. Diane Dominguez entered all the Planning and Zoning documents that are contained in the file for this project into the record. The subject property is located on the south side of Lake Ida Road, west of N.W. 5th Avenue, lying west of and adja- cent to the existing Community Child Care Center. The purpose of the rezoning is to accommodate the expansion of the Child Care Center. The applicant has submitted a sketch plan which provides for a 5,570 square foot structure, eleven parking spaces, drop- off area and playground area. The expansion will accommodate 55 children ages 18 months to two years. At the September 18, 1995, the Planning and Zoning Board unanimously (6-0) recommended approval. At first reading on October 10, 1995, the Commission passed the ordinance by a vote of 5-0. No one from the public came forward to speak in favor or in opposition to the rezoning. Mrs. Smith moved to adopt Ordinance No. 56-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 58-95: FIRST READING/PUBLIC HEARING for an ordinance amending Section 4.4.19 of the Land Development Regulations to provide for "Interior Design and Furnishings" as a permitted use in the Mixed Industrial and Commercial (MIC) zoning District. Prior to consideration of passage of this ordinance on FIRST Reading, a public hearing has been scheduled to be held at this time. If passed, a second public hearing will be held on November 7, 1995. The City Manager presented Ordinance No. 58-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMER- CIAL (MIC) DISTRICT", SUBSECTION 4.4.19(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", OF -17- 10/24/95 THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY DELETING "FURNITURE AND HOME FURNISHINGS, INCLUDING APPLIANCES" AND ADDING "INTERIOR DESIGN AND FURNISHINGS"; AMENDING SECTION 4.4.19(H), "SPECIAL REGULA- TIONS'', BY DELETING SUBPARAGRAPH 4.4.19(H) (3) IN ITS ENTIRETY, AND RENUMBERING THE REMAIN- ING SUBPARAGRAPHS; PROVIDING A GENERAL RE- PEALER CLAUSE, A SAVING CLAUSE, AND AN EFFEC- TIVE DATE. (Copy of Ordinance No. 58-95 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Dr. Alperin moved to approve Ordinance No. 58-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- mission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 59-95: An ordinance amending Section 2.4.3(K) (7) of the Land Development Regulations providing crite- ria to waive development application, plan check and permit fees for certain non-profit and service organizations. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 59-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(K) (7), "EXCEPTIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE CRITERIA FOR THE WAIVER OF DEVELOPMENT APPLICATION, PLAN CHECK AND PERMIT FEES FOR ELIGIBLE NON-PROFIT AND SERVICE ORGANIZATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 59-95 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. -18- 10/24/95 Mr. Ellingsworth moved to adopt Ordinance No. 59-95 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.H. ORDINANCE NO. 60-95: An ordinance amending Section 2.4.2(B) (1) of the Land Development Regulations to conform the City's notice requirements for certain land development applica- tions with statutory requirements. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 60-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.2, "NOTICE REQUIREMENTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BE REPEALING SUBSECTION 2.4.2(B) (1) IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION 2.4.2(B) (1), "NOTICE", TO CONFORM NOTICE REQUIREMENTS FOR CERTAIN LAND DEVELOPMENT APPLICATIONS WITH STATUTORY REQUIREMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 60-95 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 60-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith Yes; Dr. Alperin - Yes; Mr. Ellingsworth Yes. Said motion passed with a 5 to 0 vote. 10.I. ORDINANCE NO. 61-95: An ordinance amending Chapter 112, "Alarm Systems", of the City Code by revising the fee sched- ule for responses to false alarms. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 61-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 112, "ALARM SYSTEMS", OF THE CODE OF -19- 10/24/9 ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 112.27, "MULTIPLE ALARM MALFUNCTIONS OR FALSE ALARMS DECLARED A PUBLIC NUISANCE; FEE CHARGES", SUBSECTION 112.27(B), TO REVISE THE FEE SCHEDULE FOR RESPONSES TO FALSE ALARMS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 61-95 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Smith moved to adopt Ordinance No. 61-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Prior to the vote, Mr. Ellingsworth clarified that a report will be provided to the Commission after a six month trial period to see how the change is working. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately followinq Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. In response to Mr. Kamarata's prior concern regarding the street lighting in Tropic Palms, the City Manager stated that trees which are overgrown blocking the street lighting along with the tree trimming is the responsibility of the abutting property owner. Some of the street lights are spaced far apart in some areas especially along the curved roads and approximately forty lights need to be upgraded to 9500 lumens. The City Manager stated if a written request is received by the City from the majority of the affected residents, the City will undertake an extensive study within the next thirty days enabling the Public Works Department to work directly with the homeowners association in regards to trimming trees and notifying homeowners of poten- tial easements for the additional street lighting. In the past, there has been an effort to have additional lighting installed in this subdivision; however, residents did not want to give Florida Power & Light the required easements. Therefore, the additional lighting was never installed. In response to Bob Geffe's concern regarding the remov- al of trees at Lake Ida Park, the City Manager stated the City -20- 10/24/95 has had contact will Bill Wilsher, Superintendent of the Palm Beach County Parks and Recreation Department, who indicated that the County is in the preparatory stages of construction. Bids for this next phase of construction are due to be opened next month. A berm, in addition to vegetation, will be installed along the west border bounding 1-95. The City Manager stated that Mr. Wilsher indicated he had spoken directly with Mr. Geffe regarding his concerns. ll.B. From the Public. 11.B.1. Helen Coopersmith, 1222 South Drive Way, stated she is speaking for those who live west of 1-95 and expressed concern about certain types of uses (referred to as "schlock" or junk shops) locating in some of the shopping centers in the west (specifically mentioned was the old Phar-Mor plaza at Atlantic Avenue & Military Trail). 11.B.2. Lillian Feldman, 2500 Juniper Drive, agrees with Ms. Coopersmith that west of 1-95 should be as nice as east of 1-95. Secondly, Mrs. Feldman feels that Mayor Lynch's name was not printed largely enough on the flyer for the Golf Course Clubhouse opening. She feels the clubhouse is a beautiful place; however, she has heard rumblings that more room is needed. At this point, the Commission returned to the First Readings portion of the meeting. 12.B. ORDINANCE NO. 63-95: An ordinance changing the Future Land Use Map designation from Low Density Residential 0-5 units per acre to Recreation and Open Space for the Lakeview Golf Course maintenance building site located on the west side of Dover Road, approximately 200 feet north of Wedgewood Boulevard. If passed, public hearing on November 7, 1995. The City Manager presented Ordinance No. 63-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COM- PREHENSIVE PLAN FOR THE LAKEVIEW GOLF COURSE MAINTENANCE BUILDING SITE, AS MORE PARTICU- LARLY DESCRIBED HEREIN, FROM LOW DENSITY RESIDENTIAL 0-5 DWELLING UNITS PER ACRE TO RECREATION AND OPEN SPACE; ELECTING TO PRO- CEED UNDER THE SINGLE HEARING ADOPTION PRO- CESS FOR SMALL SCALE LAND USE MAP AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 63-95 file in the official Ordinance Book) -21- 10/24/95 Dr. Alperin moved to approve Ordinance No. 63-95 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 64-95: An ordinance rezoning the Lakeview Golf Course from R-i-AA and R-1-AAA-B (Single Family Residential) Districts to OSR (Open Space and Recreation) Dis- trict. The subject property is located on the west side of Dover Road, between Linton Boulevard and Lakeview Boulevard. If passed, public hearing on November 7, 1995. The City Manager presented Ordinance No. 64-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS LAKEVIEW GOLF COURSE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM R-i-AA AND R-1-AAA-B (SINGLE FAMILY RESIDEN- TIAL) DISTRICTS TO OSR (OPEN SPACE AND RECRE- ATION) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE WEST SIDE OF DOVER ROAD, BETWEEN LINTON BOULEVARD AND LAKEVIEW BOULE- VARD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 64-95 on file in the official Ordinance Book) Mr. Ellingsworth moved to approve Ordinance No. 64-95 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 65-95: An ordinance changing the Future Land Use Map designation from Community Facilities-Public Build- ings to Commercial Core, and rezoning from CF (Community Facili- ties) to CBD (Central Business District) for the Delray Beach Public Library and associated properties located south of Atlan- tic Avenue between S.E. 4th and 5th Avenues. If passed, public hearing on November 7, 1995. The City Manager presented Ordinance No. 65-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM COMMUNI- TY FACILITIES-PUBLIC BUILDINGS TO COMMERCIAL CORE, AND REZONING FROM CF (COMMUNITY FACILI- TIES) DISTRICT TO CBD (CENTRAL BUSINESS -22- 10/24/95 DISTRICT), FOR THE DELRAY BEACH PUBLIC LI- BRARY AND ASSOCIATED PROPERTIES, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECT- ING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 65-95 is on file in the official Ordinance Book) Mr. Randolph moved to approve Ordinance No. 65-95 on FIRST Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 66-95: An ordinance rezoning Tracts B, C and D of Congress Park South from LI (Light Industrial) and PCC (Planned Commerce Center) to MIC (Mixed Industrial and Commer- cial) District. The subject property is located on the west side of Congress Avenue, south of Atlantic Avenue (Levenger facility). If passed, public hearing on November 7, 1995. The City Manager presented Ordinance No. 66-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PORTION OF REPLAT OF CONGRESS PARK SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM LI (LIGHT INDUSTRIAL) DISTRICT AND PCC (PLANNED COMMERCE CENTER) DISTRICT TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING GENERALLY LOCATED SOUTH OF ATLAN- TIC AVENUE ON THE WEST SIDE OF CONGRESS AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 66-95 is on file in the official Ordinance Book) Dr. Alperin moved to approve Ordinance No. 66-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- mission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer -23- 10/24/95 In response to Dr. Alperin's prior inquiry regarding the maintenance of the Griffin Gate property located on South Swinton Avenue, the City Manager reported the CRA is designated as an advisory voting member of the Homeowner's Association for a period of five years. The duties of the CRA are to provide direction, leadership and education to the members of the associ- ation, administer the financial affairs of the association, and to be responsible and accountable for the appearance, conduct, and maintenance of Griffin Gate. Lula Butler, Director of Commu- nity Improvement, spoke with Sherry Johnson, Affordable Housing Director for the CRA, and learned that the CRA voted several months ago to take control of the development. In the process of doing so, one thing they have learned is that the Homeowner's Association fees have not been paid in a timely fashion. Pay- ments have been made to the developer by a few homeowners. However, there is no escrow set aside through mortgage payments. As a result of the poor collection and payments, the City Manager stated there is no money available to hook units up to City water as proposed to solve the rust staining of the property. There- fore, the CRA will probably be asking the City for funds to address this problem. In response to Dr. Alperin's inquiry regarding an amendment to the Police and Firefighters' Pension Plan which allows benefits to continue to spouses who remarry, the City Manager stated that Kathy Daley, the City's lobbyist, is still researching this matter. In response to Mayor Lynch's inquiry regarding the closure on Eve Street in Tropic Isles, the City Manager stated the planters were moved east of the alley. The City Manager informed the Mayor that he will be receiving a letter from people owning property in back of the alley who are unhappy with the move. The City Manager reported that, overall, he is very pleased with the City's drainage in view of the recent heavy rainfall and flooding. There were a few exceptions, most notably on Nassau Street. Hopefully when the pump station is built to serve Atlantic and Miramar, it should help the situation on Nassau Street. Also, the streets in the Lakeview area were flooded for several days. It is suspected that the drainage lines are too small and are blocked in several different loca- tions. The City will need to have the lines cleaned out and there is the possibility that larger lines will have to be in- stalled in the future. 13.B. City Attorney The City Attorney had no comments or inquiries. 13.C. City Commission 13.C.1. Mrs. Smith -24- 10/24/95 Mrs. Smith expressed her appreciation to Dr. Alperin for his concern about the need for additional barriers between the playground at the Community Child Care Center and Lake Ida Road. Additional barriers will be installed. 13.C.2. Dr. Alperin Dr. Alperin reminded everyone about the School Board meeting scheduled for tomorrow evening (Wednesday, October 25th) at 6:00 p.m. He stated he would be attending and make a last ditch effort to get the School Board to commit to participation in the Seacrest property project. Mayor Lynch stated that he, too, would try to attend the meeting. 13.C.3. Mr. Ellinqsworth Mr. Ellingsworth cautioned the Commission to be pre- pared to compete with Mr. Randolph in the upcoming Long-Drive Contest at the golf course. 13.C.4. Mr. Randolph Mr. Randolph commented that as a result of the recent Million Man March in Washington, D.C., some organizations are beginning to hold rallies. Last evening a rally was held at Mt. Olive Church and there was some discussion that perhaps it would be better to hold these meetings at a location other than a church. Mr. Randolph inquired as to the availability of City facilities for this purpose? During discussion, Mayor Lynch suggested the use of the second floor conference/training room at the Fire Station headquarters on West Atlantic Avenue. 13.C.5. Mayor Lynch Mayor Lynch commented that he feels the Arrow Trailer Park on North Federal Highway is a nuisance to the City, and asked if there is anything that can be done to clean it up? The City Manager stated that efforts have been made to work with the property managers and some progress has been made. The Mayor concurred that it is somewhat better, but it still needs help. Secondly, Mayor Lynch stated that he feels the City needs to look at the issue of requiring increased setbacks for buildings which are constructed to maximum allowable heights, oftentimes in neighborhoods where they are out of character with surrounding homes. He asked that this matter be referred to the Planning and Zoning Board for review as soon as possible. Mayor Lynch asked for the Commission's approval to write a letter on behalf of the "Friends of Sandoway" who will be going out into the community in an effort to raise funds to improve the building and for an operational budget to be used for the educational facility. The Commission concurred. -25- 10/24/95 Lastly, Mayor Lynch suggested we look into putting signs with the "Ail America City" logo on the bridges over the Intracoastal so that boaters on the waterway will know when they are in Delray Beach and see the logo. There being no further business, Mayor Lynch declared the meeting adjourned at 8:20 P.M. -city C ~e rk' · ATTESt__ The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the min- utes of the meeting of said City Commission of October 24, 1995, which minutes were formally approved and adopted by the City Commission on ~oo~0~7 /gq~. / -- City ~lerk/ ' NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -26- 10124/95